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Out-of-Scope Investigation Should Not Prevent Access

Client Alert | less than 1 min read | 12.22.16

On December 7, 2016, the Director for Defense Intelligence issued a memorandum that DoD components should not deny individuals with current eligibility in the Joint Personnel Adjudication System access to classified material based on an out-of-scope investigation, unless derogatory information calls into question the individual’s continued eligibility for access. The memorandum states that personnel security clearances do not expire, but that DoD components have been denying cleared contractor employees access to defense facilities and classified information because delays in processing background investigations have resulted in many periodic reinvestigations being overdue.

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Client Alert | 4 min read | 09.12.25

SBA’s OHA Further Defines Extraordinary Action in SDVOSB Appeal

On September 4, 2025, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) granted an appeal challenging SBA’s determination that a service-disabled veteran did not control an entity applying for Service-Disabled Veteran-Owned Small Business (SDVOSB) status based on a minority owner’s ability to block certain actions in the matter of VSBC Appeal of: Blue Skye Foods, LLC, SBA No. VSBC-442-A....